Florida Senate - 2015                                    SB 1216
       By Senator Simpson
       18-01374-15                                           20151216__
    1                        A bill to be entitled                      
    2         An act relating to connected-city corridors; amending
    3         s. 163.3184, F.S.; requiring plan amendments that
    4         qualify as connected-city corridor amendments to be
    5         reviewed by the local government; creating s.
    6         163.3255, F.S.; providing legislative intent;
    7         authorizing local governments to adopt connected-city
    8         corridor plan amendments; providing requirements for
    9         such plan amendments; providing incentives and
   10         benefits for such corridors; authorizing affected
   11         persons to file a petition with the Division of
   12         Administrative Hearings for review of such plan
   13         amendments; amending s. 190.005, F.S.; requiring
   14         community development districts located within a
   15         connected-city corridor plan amendment to be
   16         established pursuant to a county ordinance; amending
   17         s. 380.06, F.S.; providing a statutory exemption from
   18         the development of regional impact review process for
   19         any development within the geographic boundaries of a
   20         connected-city corridor plan; providing an effective
   21         date.
   23  Be It Enacted by the Legislature of the State of Florida:
   25         Section 1. Paragraph (d) is added to subsection (2) of
   26  section 163.3184, Florida Statutes, to read:
   27         163.3184 Process for adoption of comprehensive plan or plan
   28  amendment.—
   30         (d) Plan amendments that qualify as connected-city corridor
   31  amendments shall follow the review process in s. 163.3255 and
   32  are subject to review and approval by only the local government
   33  having jurisdiction.
   34         Section 2. Section 163.3255, Florida Statutes, is created
   35  to read:
   36         163.3255Connected-city corridors.—
   37         (1)It is the intent of the Legislature to encourage the
   38  creation of connected-city corridors that facilitate the growth
   39  of high-technology industry and innovation through partnerships
   40  that support research, marketing, workforce, and
   41  entrepreneurship. It is the intent of the Legislature to provide
   42  for a locally controlled, expedited comprehensive plan amendment
   43  process for such projects that are designed to achieve a
   44  cleaner, healthier environment; limit urban sprawl by promoting
   45  diverse, yet interconnected, communities; provide a range of
   46  housing types; protect wildlife and natural areas; ensure the
   47  efficient use of land and other resources; create quality
   48  communities of a design that promotes alternative transportation
   49  networks and travel by multiple transportation modes; and
   50  enhance the prospects for the creation of jobs.
   51         (2) A local government may adopt a connected-city corridor
   52  plan amendment under the following conditions:
   53         (a) The proposed amendment involves a sufficient land area
   54  in a location that will be conducive to attracting technology
   55  employers while also providing proximate intergenerational
   56  housing alternatives and recreation opportunities;
   57         (b) The proposed amendment contemplates a variety of mixed
   58  use development forms designed to accommodate job creation and
   59  technological innovation;
   60         (c) The proposed amendment may create a new land use
   61  category applicable only to the connected-city corridor planning
   62  area, which may be in the form of a special area plan or overlay
   63  district, and may include text or map amendments to other
   64  directly related or affected provisions in the adopted
   65  comprehensive plan, but otherwise does not alter or modify the
   66  other preexisting goals, policies, and objectives of the local
   67  government comprehensive plan; and
   68         (d) The property that is the subject of the proposed
   69  amendment is not located within an area of critical state
   70  concern designated in s. 380.0552 or by the Administration
   71  Commission pursuant to s. 380.05(1).
   72         (3)A connected-city corridor plan amendment adopted
   73  pursuant to this section must include maps, illustrations, and
   74  text supported by data and analysis to meet all of the following
   75  requirements:
   76         (a) A boundary map that, at a minimum, generally depicts
   77  residential and mixed-use areas, which may include public and
   78  private institutional uses, office uses, industrial and other
   79  employment uses, and retail uses, and identifies conservation
   80  areas; provides generally for an interconnected mix of uses
   81  within the planning area to promote a sense of place and to
   82  promote internal capture or minimization of transportation and
   83  other external impacts; and provides the general framework for
   84  the residential and mixed-use development concepts with graphic
   85  illustrations based on a hierarchy of places and functional
   86  place-making components.
   87         (b) A general identification of the water supplies needed
   88  and available sources of water, including water resource
   89  development and water supply development projects, and water
   90  conservation measures needed to meet the projected demand of the
   91  future land uses in the plan amendment.
   92         (c)Provision for a long-term master transportation network
   93  plan for the connected-city corridor which contains a general
   94  identification of the alternative transportation facilities to
   95  serve the future land uses in the plan amendment, including
   96  guidelines to be used to establish each modal component intended
   97  to optimize mobility, and for a financial feasibility plan to
   98  address mitigation of such future impacts.
   99         (c) A general identification of any other regionally
  100  significant public facilities necessary to support the future
  101  land uses, which may include central utilities provided onsite
  102  within the planning area, and policies setting forth the
  103  procedures to be used to mitigate the impacts of future land
  104  uses on public facilities.
  105         (d) A general identification of any regionally significant
  106  natural resources within the planning area based on the best
  107  available data and policies that set forth the procedures for
  108  protection or conservation of specific resources consistent with
  109  the overall conservation and development strategy for the
  110  planning area.
  111         (e) General principles and guidelines addressing the mixed
  112  use form and the interrelationships of future land uses; the
  113  protection and, as appropriate, restoration and management of
  114  lands identified for permanent preservation through recordation
  115  of conservation easements consistent with s. 704.06, which may
  116  be phased or staged in coordination with detailed site
  117  development plans for specific area plans.
  118         (4) A plan amendment adopted pursuant to this section may
  119  be based upon a planning period longer than the generally
  120  applicable planning period of the local comprehensive plan,
  121  shall specify the projected population within the planning area
  122  during the chosen planning period, may include a phasing or
  123  staging schedule that allocates a portion of the local
  124  government’s future growth to the planning area through the
  125  planning period, and may designate a priority zone or subarea
  126  within the connected-city corridor for initial implementation of
  127  the plan. A plan amendment adopted pursuant to this section is
  128  not required to demonstrate need based upon projected population
  129  growth or on any other basis.
  130         (5) If the local government adopts the long-term master
  131  transportation network plan and financial feasibility plan
  132  pursuant to subparagraph (3)(c), the projects within the
  133  connected-city corridor shall, subject to compliance with the
  134  requirements of such financial feasibility plan, be deemed to
  135  have satisfied all concurrency and other state agency or local
  136  government transportation mitigation requirements, except only
  137  for site-specific access-management requirements.
  138         (6) Connected-city corridor plan amendments require public
  139  hearings before the local governing board, which shall be
  140  adoption hearings as described in s. 163.3184(11). A transmittal
  141  hearing is not required for state agency review.
  142         (7)(a) Any affected person may file a petition with the
  143  Division of Administrative Hearings pursuant to ss. 120.569 and
  144  120.57 to request a hearing to challenge the compliance of the
  145  plan amendment within 30 days after the local government’s
  146  adoption of the amendment and shall serve a copy of the petition
  147  on the local government. An administrative law judge must hold a
  148  hearing in the affected jurisdiction at least 30 days but no
  149  more than 60 days after the filing of a petition and the
  150  assignment of an administrative law judge. The parties to a
  151  hearing held pursuant to this subsection are the petitioner, the
  152  local government, and any intervenor. In the proceeding, the
  153  plan amendment shall be determined to be in compliance if the
  154  local government’s determination of compliance is fairly
  155  debatable. The state land planning agency may not intervene in
  156  any proceeding initiated pursuant to this subsection.
  157         (b)1. If the administrative law judge recommends that the
  158  connected-city corridor plan amendment is not in compliance, the
  159  administrative law judge shall submit the recommended order to
  160  the Administration Commission for final agency action. If the
  161  administrative law judge recommends that the connected-city
  162  corridor plan amendment is in compliance, the administrative law
  163  judge shall submit the recommended order to the state land
  164  planning agency.
  165         2. If the state land planning agency determines that the
  166  plan amendment is not in compliance, the agency shall, within 30
  167  days after its receipt of the recommended order, submit the
  168  recommended order to the Administration Commission for final
  169  agency action. If the state land planning agency determines that
  170  the plan amendment is in compliance, the agency shall enter a
  171  final order within 30 days after its receipt of the recommended
  172  order.
  173         (c) In all challenges under this subsection, when a
  174  determination of compliance as defined in s. 163.3184(1)(b) is
  175  made, consideration shall be given to the plan amendment as a
  176  whole and whether the plan amendment furthers the intent of this
  177  part.
  178         Section 3. Subsection (2) of section 190.005, Florida
  179  Statutes, is amended, to read:
  180         190.005 Establishment of district.—
  181         (2) The exclusive and uniform method for the establishment
  182  of a community development district of less than 1,000 acres in
  183  size or a community development district located within a
  184  connected-city corridor plan established pursuant to s.
  185  163.3255, regardless of size, shall be pursuant to an ordinance
  186  adopted by the county commission of the county having
  187  jurisdiction over the majority of land in the area in which the
  188  district is to be located granting a petition for the
  189  establishment of a community development district as follows:
  190         (a) A petition for the establishment of a community
  191  development district shall be filed by the petitioner with the
  192  county commission. The petition shall contain the same
  193  information as required in paragraph (1)(a).
  194         (b) A public hearing on the petition shall be conducted by
  195  the county commission in accordance with the requirements and
  196  procedures of paragraph (1)(d).
  197         (c) The county commission shall consider the record of the
  198  public hearing and the factors set forth in paragraph (1)(e) in
  199  making its determination to grant or deny a petition for the
  200  establishment of a community development district.
  201         (d) The county commission shall not adopt any ordinance
  202  which would expand, modify, or delete any provision of the
  203  uniform community development district charter as set forth in
  204  ss. 190.006-190.041. An ordinance establishing a community
  205  development district shall only include the matters provided for
  206  in paragraph (1)(f) unless the commission consents to any of the
  207  optional powers under s. 190.012(2) at the request of the
  208  petitioner.
  209         (e) If all of the land in the area for the proposed
  210  district is within the territorial jurisdiction of a municipal
  211  corporation, then the petition requesting establishment of a
  212  community development district under this act shall be filed by
  213  the petitioner with that particular municipal corporation. In
  214  such event, the duties of the county, hereinabove described, in
  215  action upon the petition shall be the duties of the municipal
  216  corporation. If any of the land area of a proposed district is
  217  within the land area of a municipality, the county commission
  218  may not create the district without municipal approval. If all
  219  of the land in the area for the proposed district, even if less
  220  than 1,000 acres, is within the territorial jurisdiction of two
  221  or more municipalities, except for proposed districts within a
  222  connected-city corridor plan, the petition shall be filed with
  223  the Florida Land and Water Adjudicatory Commission and proceed
  224  in accordance with subsection (1).
  225         (f) Notwithstanding any other provision of this subsection,
  226  within 90 days after a petition for the establishment of a
  227  community development district has been filed pursuant to this
  228  subsection, the governing body of the county or municipal
  229  corporation may transfer the petition to the Florida Land and
  230  Water Adjudicatory Commission, which shall make the
  231  determination to grant or deny the petition as provided in
  232  subsection (1). A county or municipal corporation shall have no
  233  right or power to grant or deny a petition that has been
  234  transferred to the Florida Land and Water Adjudicatory
  235  Commission.
  236         Section 4. Paragraph (y) is added to subsection (24) of
  237  section 380.06, Florida Statutes, to read:
  238         380.06 Developments of regional impact.—
  239         (24) STATUTORY EXEMPTIONS.—
  240         (y) Any development within the geographic boundaries of a
  241  connected-city corridor plan which is prepared and adopted
  242  pursuant to s. 163.3255 is exempt from this section.
  244  If a use is exempt from review as a development of regional
  245  impact under paragraphs (a)-(u), but will be part of a larger
  246  project that is subject to review as a development of regional
  247  impact, the impact of the exempt use must be included in the
  248  review of the larger project, unless such exempt use involves a
  249  development of regional impact that includes a landowner,
  250  tenant, or user that has entered into a funding agreement with
  251  the Department of Economic Opportunity under the Innovation
  252  Incentive Program and the agreement contemplates a state award
  253  of at least $50 million.
  254         Section 5. This act shall take effect July 1, 2015.